Remedies Under the WTO Legal SystemThe World Trade Organization (WTO) dispute settlement system, has succeeded, since its establishment in 1995, in generating a perception that the DSU offers one of the most advanced multilateral adjudicatory systems that exist today, principally because of the large volume of cases it has attracted and settled. Despite a high record of satisfactory settlements of disputes and tall claims in appreciation, there is an equal amount of scepticism, particularly about the nature and content of remedies for violations of WTO rights and obligations. This book presents a critical review on the problems stemming from the nature and scope of the WTO remedies and its enforcement. The study highlights in a comparative perspective the lacunas and inadequacies in the current system, and in the process, accentuates the detrimental nature of the WTO remedies on the interest of the developing and least developing countries. |
Contents
1 Introduction | 1 |
2 General Features of the WTO Dispute Settlement Understanding | 19 |
3 Remedies under International Law | 51 |
4 Remedies under WTO Law | 91 |
5 Enforcing Remedies under WTO Law | 217 |
6 WTO Remedies and the Developing Countries | 343 |
7 Summary and Conclusions | 443 |
| 471 | |
| 493 | |
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adopted Anti-Dumping Appellate Body Report application Arbitration Report Article 22.6 Arbitration Article 22.6 Report Bananas Brazil breach Byrd Amendment Chorzów compensation context Contracting Parties countermeasures covered agreements customary international law determination developing country Members Dispute Settlement System DSB recommendations DSU Article Ecuador effect enforcement export GATT ibid ILC Articles ILC Commentaries illegal implementation induce compliance injured International Economic Law International Law Commission International Trade internationally wrongful act interpretation Journal of International level of nullification level of suspension Marrakesh Agreement ment multilateral Negotiations non liquet non-compliance nullification or impairment Panel and Appellate Panel Report principle proposed public international law reasonable period recommendations and rulings regime reparation request retaliation S&D treatment SCM Agreement Special and Differential subsidy suspend concessions suspension of concessions tion treaty Uruguay Round violation World Trade World Trade Organization WTO Agreement WTO Dispute Settlement WTO DSU WTO law WTO legal system WTO Members WTO obligations WTO rules